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Legal advice for a noise violation
Posted by: Len Wasserman ()
Date: August 31, 2011 06:55PM

I am the victim of a noisy neighbor who has ignored my complaints. I don't have any money. Is there some sort of legal brief I can file myself? Is there a way to get a lawyer involved pro-bono? Are there other options for me? Thanks.

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Re: Legal advice for a noise violation
Posted by: Kilton ()
Date: August 31, 2011 07:13PM

What kind of noise?

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Re: Legal advice for a noise violation
Posted by: Len Wasserman ()
Date: August 31, 2011 07:16PM

Drums.

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Re: The year 2000 was 15 years ago so technically, soon I am supposed to start feeling nostalgia for the year 2000 right? except I am not I still think everything from the year 2000 onward SUCKED ASS.
Posted by: WingNut ()
Date: August 31, 2011 07:21PM

Re: The year 2000 was 15 years ago so technically, soon I am supposed to start feeling nostalgia for the year 2000 right? except I am not I still think everything from the year 2000 onward SUCKED ASS.


idontlikebeingrightaboutshitlikethisbutiam



Edited 21 time(s). Last edit at 5/31/1967 05:57AM by WingNut.

Last edit at 11/30/2015 01:37PM Last edit at 5/14/2015 03:52PM Last edit at 1/28/2014 05:57AM Last edit at 11/29/2015 01:10PM Last edit at 3/14/2011 11:52PM Last edit at 7/20/2012 04:07AM
Last edit at 6/29/2013 11:18PM Last edit at 3/19/2011 01:02PM Last edit at 3/26/2012 09:07PM



Edited 1 time(s). Last edit at 12/20/2015 09:27PM by WingNut.


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Re: Legal advice for a noise violation
Posted by: Kilton ()
Date: August 31, 2011 07:22PM

LOL, wow. How unfortunate that you live next to a bunch of monkeys.

Have you researched the noise laws in FFX? Check out http://library.municode.com/HTML/10051/level3/FACOCO_CH108.1NO_ART5NUNO.html.

What do the coppers say?

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Re: The year 2000 was 15 years ago so technically, soon I am supposed to start feeling nostalgia for the year 2000 right? except I am not I still think everything from the year 2000 onward SUCKED ASS.
Posted by: WingNut ()
Date: August 31, 2011 07:26PM

Re: The year 2000 was 15 years ago so technically, soon I am supposed to start feeling nostalgia for the year 2000 right? except I am not I still think everything from the year 2000 onward SUCKED ASS.


idontlikebeingrightaboutshitlikethisbutiam



Edited 21 time(s). Last edit at 5/31/1967 05:57AM by WingNut.

Last edit at 11/30/2015 01:37PM Last edit at 5/14/2015 03:52PM Last edit at 1/28/2014 05:57AM Last edit at 11/29/2015 01:10PM Last edit at 3/14/2011 11:52PM Last edit at 7/20/2012 04:07AM
Last edit at 6/29/2013 11:18PM Last edit at 3/19/2011 01:02PM Last edit at 3/26/2012 09:07PM



Edited 1 time(s). Last edit at 12/20/2015 09:27PM by WingNut.


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Re: Legal advice for a noise violation
Posted by: Len Wasserman ()
Date: August 31, 2011 07:42PM

Wingnut, I like your suggestion but it won't work for a busy-body like me with no talent for music.

As I said in the OP, I have already attempted to be neighborly. There is a distinct level of rudeness here as this is needlessly taking place outside, even in bad weather.

I've read through Fairfax County noise ordinance and as you can imagine, it was written to be as unhelpful as possible. It seems musical instruments can be played throughout the day, but no noise is allowed to be above a certain decibel level. It may also qualify as a "nuisance". I don't know about the decibel level but drums have the unique quality of being capable of shaking my house. I don't believe this is something that can or would be assessed by a routine police check.

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Re: Legal advice for a noise violation
Posted by: Kilton ()
Date: August 31, 2011 07:52PM

Len Wasserman Wrote:
-------------------------------------------------------
> I don't believe this is something that can
> or would be assessed by a routine police check.

Sounds like you haven't tried.

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Re: Legal advice for a noise violation
Posted by: Len Wasserman ()
Date: August 31, 2011 07:54PM

Well I'm not proud of it, but I have talked to the police already.

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Re: Legal advice for a noise violation
Posted by: Priapus ()
Date: August 31, 2011 08:05PM

Sounds like you live next to teens. My GF's son played drums in her townhouse. Luckily, it was just a phase. Good luck

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Re: Legal advice for a noise violation
Posted by: trogdor! ()
Date: August 31, 2011 08:06PM

I'm not sure what the county's noise ordinance is, but here's something you could research.

In 2009, Virginia beach had a beach noise ordinance. It was eventually ruled by the courts to be unconstitutional. You need to find out why it was unconstitutional, and if the county's noise ordinance suffers the same fatal flaw.

Here's the VA Supreme Court Case: http://www.courts.state.va.us/opinions/opnscvwp/1080998.pdf

VA Beach's unconstitutional noise ordinance is noted in the PDF, so you can compare what was wrong with it vs what might be wrong with the county's.

If you find the same flaw, chose to go to court. Present your evidence to the judge, citing the above case. Explain to the judge that you can't be guilty of violating an unconstitutional law.

If the county's ordinance doesn't suffer from the same flaw, then just pay the fine.

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Re: Legal advice for a noise violation
Posted by: Priapus ()
Date: August 31, 2011 08:19PM

I thought the police could check the decibel level after 9 or 10pm to make sure it didn't hit a certain level.

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Re: Legal advice for a noise violation
Posted by: Bill N ()
Date: August 31, 2011 11:13PM

WingNut Wrote:
-------------------------------------------------------
> A lawyer won't do shit like this pro bono, there
> is not going to be any kind of cash settlement to
> share.

If the lawyer is handling the case pro bono it means he does not get paid at all, or at most will recover his out of pocket expenses. If the lawyer is getting paid from the proceeds of a cash settlement it is a contingent fee case. Your only real shot at getting a pro bono lawyer is one of those friend of a friend who is owed a favor situations. There are a number of lawyers who will occasionally do pro bono but the demand for those services far outstrips the supply. This isn't likely the type of case that someone wants to spend a few months working on and several hundred dollars out of pocket on.

> Whatever the noise ordinance is, that's where your
> help is going to come from.
>
Agree. Another option is if the OP is in a mandatory home owner's association there may be a process he could follow through that as well. Dealing with the police may require documentation and persistence. If you've got good documentation but the cops don't care you can try contacting your local supervisor's office. This can work better if several neighbors approach together.

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Re: Legal advice for a noise violation
Posted by: Watson ()
Date: August 31, 2011 11:14PM

Why dont you just put on some kind of white noise like the radio or the news or music channels on your tv, its still noise, but your at least choosing it.

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Re: Legal advice for a noise violation
Posted by: Thomas More ()
Date: August 31, 2011 11:23PM

A cheaper alternate might be to buy mufflers for the drum set as a gift for your neighbor.

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Re: Legal advice for a noise violation
Posted by: unknown ()
Date: August 31, 2011 11:38PM

ask them to put their drumset in the basement if it already isnt. thats where my drumset is, i play loud as shit and you can only hear it maybe 2 ft from the house. and if that still bothers you, just ignore it.

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Re: Legal advice for a noise violation
Posted by: hooked on phonics ()
Date: September 01, 2011 01:12AM

Reading comprehension isn't your strong suit, is it?

trogdor! Wrote:
-------------------------------------------------------
> I'm not sure what the county's noise ordinance is,
> but here's something you could research.
>
> In 2009, Virginia beach had a beach noise
> ordinance. It was eventually ruled by the courts
> to be unconstitutional. You need to find out why
> it was unconstitutional, and if the county's noise
> ordinance suffers the same fatal flaw.
>
> Here's the VA Supreme Court Case:
> http://www.courts.state.va.us/opinions/opnscvwp/10
> 80998.pdf
>
> VA Beach's unconstitutional noise ordinance is
> noted in the PDF, so you can compare what was
> wrong with it vs what might be wrong with the
> county's.
>
> If you find the same flaw, chose to go to court.
> Present your evidence to the judge, citing the
> above case. Explain to the judge that you can't
> be guilty of violating an unconstitutional law.
>
> If the county's ordinance doesn't suffer from the
> same flaw, then just pay the fine.

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Re: Legal advice for a noise violation
Posted by: No more Noise ()
Date: September 01, 2011 01:53AM

Here is a summary of the Fairfax County Noise Regulations. Obey them, be a good neighbor, and stay out of trouble:
http://www.fairfaxcounty.gov/code/noise/

Call the Police for a noise violation that is still happening. If others want to file a noise complaint:
http://www.fairfaxcounty.gov/code/

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Re: Legal advice for a noise violation
Posted by: trogdor! ()
Date: September 01, 2011 10:24PM

hooked on phonics Wrote:
-------------------------------------------------------
> Reading comprehension isn't your strong suit, is
> it?
>
> trogdor! Wrote:

Lol. I wrote that for the neighbor who's going to get the ticket. That's what I get for posting tired.

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